Case: Fowler v. Stitt

4:22-cv-00115 | U.S. District Court for the Northern District of Oklahoma

Filed Date: March 14, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involves a constitutional challenge to a state law barring transgender individuals from amending their birth certificates. On March 14, 2022, three transgender people born in Oklahoma brought this suit against the Oklahoma Governor, the Oklahoma State Department of Health Commissioner, and the State Registrar of Vital Records in their official capacities. Represented by Lambda Legal and the ACLU, the plaintiffs filed this lawsuit in the U.S. District Court for the Northern District of…

This case involves a constitutional challenge to a state law barring transgender individuals from amending their birth certificates.

On March 14, 2022, three transgender people born in Oklahoma brought this suit against the Oklahoma Governor, the Oklahoma State Department of Health Commissioner, and the State Registrar of Vital Records in their official capacities. Represented by Lambda Legal and the ACLU, the plaintiffs filed this lawsuit in the U.S. District Court for the Northern District of Oklahoma, where the case was assigned to District Judge John W. Broomes. 

The plaintiffs challenged a new Oklahoma law that prohibited transgender people from correcting their birth certificates to match their gender identity. All three plaintiffs had had applied to the Oklahoma State Department of Health to change their birth certificate, and all had been denied. The plaintiffs alleged the law was unconstitutional. Specifically, they brought claims under the Free Speech Clause (First Amendment), the Equal Protection Clause (Fourteenth Amendment), and the Due Process Clause (Fourteenth Amendment). They asked the court to declare the Oklahoma law unconstitutional and to order Oklahoma to stop enforcing the law.

The state defendants quickly filed a motion to dismiss the lawsuit, which the the district court granted in full on June 8, 2023. The court rejected the plaintiffs’ free speech and due process claims, holding that the contents of a birth certificate are not expressive (and therefore do not constitute free speech), and that no fundamental right implicating due process was violated. The district court also dismissed the equal protection claim, ruling that the policy survived rational basis review and did not target a suspect class. 676 F.Supp.3d 1094.

The plaintiffs appealed. On June 18, 2024, the U.S. Court of Appeals for the Tenth Circuit reversed in part. The appellate court unanimously held that the plaintiffs had plausibly alleged an equal protection violation. The court concluded that Oklahoma’s policy facially discriminates on the basis of transgender status and likely could not survive even rational basis review. A majority of the three judge panel also held that any government discrimination against transgender people triggers heightened judicial scrutiny. However, the court affirmed dismissal of the plaintiffs’ due process claim, agreeing with the district court that the Constitution does not recognize a fundamental right to amend one’s birth certificate to align with gender identity. 104 F.4th 770.

The case was remanded for further proceedings in the district court on the equal protection claim. The plaintiffs petitioned for a rehearing en banc which was denied on September 9, 2024. On January 23, 2025, Oklahoma petitioned the US Supreme Court to hear the case. The US Supreme Court granted certiorari on June 30, 2025. However, soon after the Supreme Court vacated and remanded the case to the Tenth Circuit for further consideration in light of the Supreme Court’s ruling in United States v. Skrmetti, 605 U. S. ___ (2025). 

The Court of Appeals for the Tenth Circuit ordered the plaintiffs/appellants to file a supplemental brief(s) and ordered Oklahoma/appellee to file a response prior to disposition of the appeal on remand. The plaintiffs filed their optional reply brief on the date that it was due, October 2, 2025. As of October 7, 2025, the court had not set a hearing date nor issued an order on the matter. 

Summary Authors

Gordon Pignato (5/9/2025)

Elle Blaszczak (10/6/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63156356/parties/fowler-v-stitt/


Judge(s)
Attorney for Plaintiff

Buchert, Sasha (Oklahoma)

Attorney for Defendant

Cleveland, Bryan (Oklahoma)

Flanagan, William Patrick

Expert/Monitor/Master/Other

Branson, Ariell Diana

Crozier, Patience

show all people

Documents in the Clearinghouse

Document

23-05080

Supreme Court Docket

Kevin Stitt, Governor of Oklahoma, et al., Petitioners v. Rowan Fowler, et al.

U.S. Court of Appeals for the Tenth Circuit

Jan. 28, 2025

Jan. 28, 2025

Docket
2

4:22-cv-00115

Complaint

March 14, 2022

March 14, 2022

Complaint
42

4:22-cv-00115

Defendants’ Motion to Stay Discovery Pending Resolution of Defendants’ Motion to Dismiss

Jan. 11, 2023

Jan. 11, 2023

Pleading / Motion / Brief
52

4:22-cv-00115

Memorandum and Order

June 8, 2023

June 8, 2023

Order/Opinion

676 F.Supp.3d 1094

10011066868-1

23-05080

Opinion

U.S. Court of Appeals for the Tenth Circuit

June 18, 2024

June 18, 2024

Order/Opinion

104 F.4th 770

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63156356/fowler-v-stitt/

Last updated Oct. 22, 2025, 9:59 p.m.

ECF Number Description Date Link Date / Link
1

CIVIL COVER SHEET by C.R., Rowan Fowler, Allister Hall (Wilkins, Karen) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

2

COMPLAINT against All Defendants (paid $402 filing fee; receipt number AOKNDC-2576493) by Rowan Fowler, Allister Hall, C.R. (Wilkins, Karen) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

Clearinghouse
3

ATTORNEY APPEARANCE by Karen Keith Wilkins on behalf of All Plaintiffs (Wilkins, Karen) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

RECAP
4

MOTION to Proceed Pseudonymously (Re: 2 Complaint ) by C.R. (Wilkins, Karen) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

RECAP
5

MOTION for Attorney(s) Shelly L. Skeen to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2576497) by C.R., Rowan Fowler, Allister Hall (With attachments) (Wilkins, Karen) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

6

MOTION for Attorney(s) Nicholas Guillory to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2576498) by C.R., Rowan Fowler, Allister Hall (With attachments) (Wilkins, Karen) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

7

MOTION for Attorney(s) Peter C. Renn to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2576499) by C.R., Rowan Fowler, Allister Hall (With attachments) (Wilkins, Karen) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

8

SUMMONS Issued by Court Clerk as to Kelly Baker, Keith Reed, Kevin Stitt (bjb, Dpty Clk) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

RECAP
9

MINUTE ORDER by Judge Gregory K Frizzell granting Motions for Admission Pro Hac Vice and ; adding attorney Shelly Lynn Skeen,Nicholas Arthur Guillory,Peter C Renn for C.R.,Shelly Lynn Skeen,Nicholas Arthur Guillory,Peter C Renn for Rowan Fowler,Shelly Lynn Skeen,Nicholas Arthur Guillory,Peter C Renn for Allister Hall ; granting 5 Motion for Admission Pro Hac Vice; granting 6 Motion for Admission Pro Hac Vice; granting 7 Motion for Admission Pro Hac Vice (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

10

ATTORNEY APPEARANCE by Peter C Renn on behalf of All Plaintiffs (Renn, Peter) (Entered: 03/17/2022)

March 17, 2022

March 17, 2022

RECAP
11

ATTORNEY APPEARANCE by Shelly Lynn Skeen on behalf of All Plaintiffs (Skeen, Shelly) (Entered: 03/17/2022)

March 17, 2022

March 17, 2022

RECAP
12

ATTORNEY APPEARANCE by Nicholas Arthur Guillory on behalf of All Plaintiffs (Guillory, Nicholas) (Entered: 03/17/2022)

March 17, 2022

March 17, 2022

RECAP
13

SUMMONS Returned Executed re: Kevin Stitt (Re: 2 Complaint ) by Rowan Fowler, Allister Hall, CR (Wilkins, Karen) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

14

SUMMONS Returned Executed re: Keith Reed (Re: 2 Complaint ) by Rowan Fowler, Allister Hall, CR (Wilkins, Karen) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

15

SUMMONS Returned Executed re: Kelly Baker (Re: 2 Complaint ) by Rowan Fowler, Allister Hall, CR (Wilkins, Karen) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

16

ATTORNEY APPEARANCE by Audrey A Weaver on behalf of Kelly Baker, Keith Reed, Kevin Stitt [Note: Attorney Audrey A Weaver added to party Kelly Baker(pty:dft), Attorney Audrey A Weaver added to party Keith Reed(pty:dft), Attorney Audrey A Weaver added to party Kevin Stitt(pty:dft).] (Weaver, Audrey) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

17

ATTORNEY APPEARANCE by Bryan Cleveland on behalf of Kelly Baker, Keith Reed, Kevin Stitt [Note: Attorney Bryan Cleveland added to party Kelly Baker(pty:dft), Attorney Bryan Cleveland added to party Keith Reed(pty:dft), Attorney Bryan Cleveland added to party Kevin Stitt(pty:dft).] (Cleveland, Bryan) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

18

ATTORNEY APPEARANCE by Zachary Paul West on behalf of Kelly Baker, Keith Reed, Kevin Stitt [Note: Attorney Zachary Paul West added to party Kelly Baker(pty:dft), Attorney Zachary Paul West added to party Keith Reed(pty:dft), Attorney Zachary Paul West added to party Kevin Stitt(pty:dft).] (West, Zachary) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

19

Unopposed MOTION for Extension of Time to Answer (Re: 2 Complaint ) by Kelly Baker, Keith Reed, Kevin Stitt (Weaver, Audrey) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

RECAP
20

ORDER by Judge Gregory K Frizzell ; granting 19 Motion for Extension of Time to Answer (Re: 2 Complaint, 4 MOTION to Proceed Pseudonymously ) (lah, Chambers) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

RECAP
21

First AMENDED COMPLAINT against All Defendants (Re: 2 Complaint ) by Rowan Fowler, Allister Hall, CR (Skeen, Shelly) (Entered: 07/29/2022)

July 29, 2022

July 29, 2022

RECAP
22

Unopposed MOTION for Extension of Time to Answer (Re: 21 Amended Complaint ) by Kelly Baker, Keith Reed, Kevin Stitt (Weaver, Audrey) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

23

ORDER by Judge Gregory K Frizzell ; setting/resetting deadline(s)/hearing(s): ( Responses due by 8/26/2022, Replies due by 9/9/2022); granting 22 Motion for Extension of Time to Answer (Re: 4 MOTION to Proceed Pseudonymously ) (lah, Chambers) (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

24

MOTION to Dismiss and Brief in Support by Kelly Baker, Keith Reed, Kevin Stitt (With attachments) (Weaver, Audrey) (Entered: 08/26/2022)

1 Exhibit Sample Oklahoma Birth Certificate

View on RECAP

Aug. 26, 2022

Aug. 26, 2022

RECAP
25

RESPONSE in Opposition to Motion (Re: 4 MOTION to Proceed Pseudonymously ) by Kelly Baker, Keith Reed, Kevin Stitt ; (Weaver, Audrey) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

RECAP
26

JOINT STATUS REPORT by CR, Rowan Fowler, Allister Hall (Skeen, Shelly) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

RECAP
27

MINUTE ORDER by Judge Gregory K Frizzell Pursuant to Fed.R.Civ.P. 16(b)(2), the Court finds good cause for delay in issuing a scheduling order in this case until resolution of pending motions. (This entry is the Official Order of the Court. No document is attached.) (lah, Chambers) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

28

Unopposed MOTION for Extension of Time to Reply to Motion Response, Unopposed MOTION for Extension of Time to Respond to Motion (Re: 4 MOTION to Proceed Pseudonymously, 24 MOTION to Dismiss and Brief in Support ) by CR, Rowan Fowler, Allister Hall (Guillory, Nicholas) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

RECAP
29

MINUTE ORDER by Judge Gregory K Frizzell ; setting/resetting deadline(s)/hearing(s): ( Responses due by 9/30/2022, Replies due by 10/14/2022); granting 28 Motion for Extension of Time to Reply to Motion Response; granting 28 Motion for Extension of Time to Respond to Motion (Re: 24 MOTION to Dismiss and Brief in Support, 4 MOTION to Proceed Pseudonymously ) (This entry is the Official Order of the Court. No document is attached.) (lah, Chambers) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

30

MOTION for Attorney(s) Christina Paek to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number AOKNDC-2677003) by CR, Rowan Fowler, Allister Hall (With attachments) (Wilkins, Karen) (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

31

MINUTE ORDER by Judge Gregory K Frizzell granting plaintiffs' motion for admission pro hac vice [Doc. 30]. Christina Peak is admitted pro hac vice and is directed to file separate entry of appearance forthwith ; granting 30 Motion for Admission Pro Hac Vice (This entry is the Official Order of the Court. No document is attached.) (kjp, Dpty Clk) (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

32

ATTORNEY APPEARANCE by Christina S Paek on behalf of All Plaintiffs [Note: Attorney Christina S Paek added to party CR(pty:pla), Attorney Christina S Paek added to party Rowan Fowler(pty:pla), Attorney Christina S Paek added to party Allister Hall(pty:pla).] (Paek, Christina) (Entered: 09/23/2022)

Sept. 23, 2022

Sept. 23, 2022

33

RESPONSE in Opposition to Motion (Re: 24 MOTION to Dismiss and Brief in Support ) by CR, Rowan Fowler, Allister Hall ; (Skeen, Shelly) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

RECAP
34

REPLY to Response to Motion (Re: 4 MOTION to Proceed Pseudonymously ) by CR ; (Skeen, Shelly) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

RECAP
35

Unopposed MOTION to Withdraw Attorney(s) Nicholas Guillory by CR, Rowan Fowler, Allister Hall (Guillory, Nicholas) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

RECAP
36

ORDER by Judge Gregory K Frizzell ; terminating attorney Nicholas Arthur Guillory ; granting 35 Motion to Withdraw Attorney(s) (kjp, Dpty Clk) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

37

ORDER by Judge Gregory K Frizzell ; denying 4 Motion for Miscellaneous Relief (Re: 4 MOTION to Proceed Pseudonymously ) (lah, Chambers) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

RECAP
38

RESPONSE in Support of Motion (Re: 24 MOTION to Dismiss and Brief in Support ) by Kelly Baker, Keith Reed, Kevin Stitt ; (Weaver, Audrey) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

RECAP
39

Joint STIPULATION to Apply Pending Motion to Dismiss to Plaintiffs' Second Amended Complaint (Re: 33 Response in Opposition to Motion, 38 Response in Support of Motion, 24 MOTION to Dismiss and Brief in Support ) by CR, Rowan Fowler, Allister Hall (With attachments) (Paek, Christina) (Entered: 11/07/2022)

1 Redline Second Amended Complaint

View on RECAP

Nov. 7, 2022

Nov. 7, 2022

RECAP
40

ORDER by Judge Gregory K Frizzell (Re: 33 Response in Opposition to Motion, 38 Response in Support of Motion, 24 MOTION to Dismiss and Brief in Support, 39 Stipulation, ) (kjp, Dpty Clk) (Entered: 11/07/2022)

Nov. 7, 2022

Nov. 7, 2022

RECAP
41

Second AMENDED COMPLAINT against All Defendants (Kevin Stitt, Keith Reed, and Kelly Baker) (Re: 21 Amended Complaint ) by Rowan Fowler, Allister Hall, CR (Skeen, Shelly) (Entered: 11/07/2022)

Nov. 7, 2022

Nov. 7, 2022

RECAP
42

MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss by Kelly Baker, Keith Reed, Kevin Stitt (With attachments) (Weaver, Audrey) (Entered: 01/11/2023)

1 Exhibit 1 - 2022-01-03 Plaintiff First RFAs

View on RECAP

2 Exhibit 2 - 2022-01-03 Plaintiff First RFPs

View on RECAP

3 Exhibit 3 - 2022-01-03 Plaintiff First ROGs

View on RECAP

Jan. 11, 2023

Jan. 11, 2023

Clearinghouse
43

MINUTE ORDER by Judge Gregory K Frizzell Plaintiffs shall respond to Defendants' Motion to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss [Doc. 42] by January 18, 2023. Defendants' reply, if any, shall be filed by January 23, 2023. (This entry is the Official Order of the Court. No document is attached.) (GKFJ, Judge) (Entered: 01/11/2023)

Jan. 11, 2023

Jan. 11, 2023

44

ATTORNEY APPEARANCE by Garry Michael Gaskins, II on behalf of Kelly Baker, Keith Reed, Kevin Stitt [Note: Attorney Garry Michael Gaskins, II added to party Kelly Baker(pty:dft), Attorney Garry Michael Gaskins, II added to party Keith Reed(pty:dft), Attorney Garry Michael Gaskins, II added to party Kevin Stitt(pty:dft).] (Gaskins, Garry) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

45

MOTION to Withdraw Attorney(s) Bryan Cleveland by Kelly Baker, Keith Reed, Kevin Stitt (Weaver, Audrey) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

46

ORDER by Judge Gregory K Frizzell ; terminating attorney Bryan Cleveland ; granting 45 Motion to Withdraw Attorney(s) (Re: 45 MOTION to Withdraw Attorney(s) Bryan Cleveland ) (kjp, Dpty Clk) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

47

RESPONSE in Opposition to Motion (Re: 42 MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss ) by Rowan Fowler, Allister Hall, Carter Ray ; (Renn, Peter) (Entered: 01/18/2023)

Jan. 18, 2023

Jan. 18, 2023

RECAP
48

REPLY to Response to Motion (Re: 42 MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss ) by Kelly Baker, Keith Reed, Kevin Stitt ; (Weaver, Audrey) (Entered: 01/23/2023)

Jan. 23, 2023

Jan. 23, 2023

RECAP
49

ORDER by Judge Gregory K Frizzell ; staying discovery; granting 42 Motion to Stay (Re: 42 MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss ) (kjp, Dpty Clk) (Entered: 01/25/2023)

Jan. 25, 2023

Jan. 25, 2023

RECAP
50

MINUTE ORDER by Court Clerk directly, reassigning case to Visiting Judge John W Broomes, Judge Gregory K Frizzell no longer assigned to case, changing case number to 22-cv-00115-JWB-SH (This entry is the Official Order of the Court. No document is attached.) (clb, Dpty Clk) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

51

MINUTE ORDER by Court Clerk reassigning the magistrate judge in this case pursuant to General Order 23-6, reassigning case to Magistrate Judge Mark T Steele, Magistrate Judge Susan E Huntsman no longer assigned to case, changing case number to 22-cv-115-JWB-MTS (This entry is the Official Order of the Court. No document is attached.) (crp, Dpty Clk) (Entered: 05/04/2023)

May 4, 2023

May 4, 2023

52

ORDER by Judge John W Broomes granting Defendant's Motion to Dismiss (doc. 24) ; dismissing/terminating case (terminates case) ; granting 24 Motion to Dismiss (Re: 24 MOTION to Dismiss and Brief in Support ) (alg, Dpty Clk) (Entered: 06/08/2023)

June 8, 2023

June 8, 2023

Clearinghouse

***Civil Case Terminated (see document number 52 ) (lmt, Dpty Clk)

June 8, 2023

June 8, 2023

53

NOTICE OF APPEAL to Circuit Court (paid $505 appeal fee; receipt number AOKNDC-2837740) (Re: 52 Order,, Dismissing/Terminating Case,, Ruling on Motion to Dismiss, ) by Rowan Fowler, Allister Hall, Carter Ray (Renn, Peter) (Entered: 07/06/2023)

July 6, 2023

July 6, 2023

54

PRELIMINARY RECORD Sent to Circuit Court (Re: 53 Notice of Appeal to Circuit Court ) (With attachments) (lmt, Dpty Clk) (Entered: 07/07/2023)

July 7, 2023

July 7, 2023

55

APPEAL NUMBER INFORMATION from Circuit Court assigning Case Number 23-5080 (#53) (Re: 53 Notice of Appeal to Circuit Court ) (lmt, Dpty Clk) (Entered: 07/07/2023)

July 7, 2023

July 7, 2023

56

TRANSCRIPT ORDER FORM (Transcripts are not necessary or are already on file ) (Re: 53 Notice of Appeal to Circuit Court ) by Rowan Fowler, Allister Hall, Carter Ray (Renn, Peter) (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

57

ORDER from Circuit Court record is complete by 07/26/2023 for Mark C. McCartt, Clerk of Court (Re: 53 Notice of Appeal to Circuit Court ) (dla, Dpty Clk) (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

58

CLERK'S RECORD on Appeal Sent to Circuit Court (Re: 53 Notice of Appeal to Circuit Court ) (lmt, Dpty Clk) (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

59

DECISION from Circuit Court Affirmed in Part, Reversed in Part and Remanded the Decision of the District Court (awaiting mandate) (Re: 53 Notice of Appeal to Circuit Court ) (atn, Dpty Clk) (Entered: 06/18/2024)

June 18, 2024

June 18, 2024

60

DECISION from Circuit Court (Judgment) the Decision of the District Court (awaiting mandate) (Re: 53 Notice of Appeal to Circuit Court ) (atn, Dpty Clk) (Entered: 06/18/2024)

June 18, 2024

June 18, 2024

61

ORDER from Circuit Court granting Appellees' motion to extend time to file petition for rehearing unitl 8/1/24 (Re: 53 Notice of Appeal to Circuit Court ) (lmt, Dpty Clk) (Entered: 07/01/2024)

July 1, 2024

July 1, 2024

62

MANDATE from Circuit Court reopening case (Re: 59 Decision from Circuit Court, 53 Notice of Appeal to Circuit Court ) (atn, Dpty Clk) (Entered: 09/17/2024)

Sept. 17, 2024

Sept. 17, 2024

63

LETTER from Circuit Court stating that the Petition for Writ of Certiorari has been Filed (U.S. Supreme Court Case Number: 24-801) (Re: 53 Notice of Appeal to Circuit Court ) (cjb, Dpty Clk) (Entered: 01/29/2025)

Jan. 29, 2025

Jan. 29, 2025

64

ATTORNEY APPEARANCE by Cullen Sweeney on behalf of All Defendants (Sweeney, Cullen) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

65

MOTION to Stay Discovery Pending Disposition of Their Petition for a Writ of Certiorari by Kelly Baker, Keith Reed, Kevin Stitt (With attachments) (Sweeney, Cullen) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

66

Unopposed MOTION for Extension of Time to Respond to Motion to Stay (Re: 65 MOTION to Stay Discovery Pending Disposition of Their Petition for a Writ of Certiorari ) by Rowan Fowler, Allister Hall, Carter Ray (Renn, Peter) (Entered: 02/18/2025)

Feb. 18, 2025

Feb. 18, 2025

67

ORDER by Judge John W Broomes ; setting/resetting deadline(s)/hearing(s): ( Responses due by 2/25/2025, Replies due by 3/11/2025); granting 66 Motion for Extension of Time to Respond to Motion (Re: 65 MOTION to Stay Discovery Pending Disposition of Their Petition for a Writ of Certiorari ) (crp, Dpty Clk) (Entered: 02/21/2025)

Feb. 21, 2025

Feb. 21, 2025

68

MOTION for Attorney(s) Nicholas J. Hite to be Admitted Pro Hac Vice (paid $125 PHV fee; receipt number AOKNDC-3162200) by Rowan Fowler, Allister Hall, Carter Ray (With attachments) (Wilkins, Karen) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

69

MOTION for Attorney(s) Sasha J. Buchert to be Admitted Pro Hac Vice (paid $125 PHV fee; receipt number AOKNDC-3162221) by Rowan Fowler, Allister Hall, Carter Ray (With attachments) (Wilkins, Karen) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

70

Unopposed MOTION to Withdraw Attorney(s) Christina S. Paek by Rowan Fowler, Allister Hall, Carter Ray (Renn, Peter) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

71

ORDER by Judge John W Broomes Nicholas J. Hite is admitted pro hac vice and is directed to file separate entry of appearance forthwith ; granting 68 Motion for Admission Pro Hac Vice (crp, Dpty Clk) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

72

ORDER by Judge John W Broomes Sasha J. Buchert is admitted pro hac vice and is directed to file separate entry of appearance forthwith ; granting 69 Motion for Admission Pro Hac Vice (crp, Dpty Clk) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

73

ORDER by Judge John W Broomes ; terminating attorney Christina S Paek ; granting 70 Motion to Withdraw Attorney(s) (crp, Dpty Clk) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

74

RESPONSE in Opposition to Motion to Stay (Re: 65 MOTION to Stay Discovery Pending Disposition of Their Petition for a Writ of Certiorari ) by Rowan Fowler, Allister Hall, Carter Ray ; (Renn, Peter) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

75

ATTORNEY APPEARANCE by Nicholas Hite on behalf of Rowan Fowler, Allister Hall, Carter Ray [Note: Attorney Nicholas Hite added to party Rowan Fowler(pty:pla), Attorney Nicholas Hite added to party Allister Hall(pty:pla), Attorney Nicholas Hite added to party Carter Ray(pty:pla).] (Hite, Nicholas) (Entered: 03/03/2025)

March 3, 2025

March 3, 2025

76

ATTORNEY APPEARANCE by Sasha Buchert on behalf of All Plaintiffs [Note: Attorney Sasha Buchert added to party Rowan Fowler(pty:pla), Attorney Sasha Buchert added to party Allister Hall(pty:pla), Attorney Sasha Buchert added to party Carter Ray(pty:pla).] (Buchert, Sasha) (Entered: 03/03/2025)

March 3, 2025

March 3, 2025

77

REPLY (Re: 65 MOTION to Stay Discovery Pending Disposition of Their Petition for a Writ of Certiorari ) by Kelly Baker, Keith Reed, Kevin Stitt (Sweeney, Cullen) (Entered: 03/11/2025)

March 11, 2025

March 11, 2025

78

REPLY (Re: 65 MOTION to Stay Discovery Pending Disposition of Their Petition for a Writ of Certiorari ) by Kelly Baker, Keith Reed, Kevin Stitt (With attachments) (Sweeney, Cullen) Modified on 3/12/2025 to seal PDF attachment as document was filed unredacted; counsel will file the redacted version using the Errata/Correction event. (atn, Dpty Clk). (Entered: 03/11/2025)

March 11, 2025

March 11, 2025

79

ERRATA/CORRECTION (Re: 78 Reply, ) by Kelly Baker, Keith Reed, Kevin Stitt (With attachments) (Sweeney, Cullen) (Entered: 03/12/2025)

March 12, 2025

March 12, 2025

Case Details

State / Territory:

Oklahoma

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: March 14, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three transgender people born in Oklahoma who wish to correct their respective Oklahoma birth certificates to accurately reflect their gender identity.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Oklahoma, State

Oklahoma State Department of Health, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Freedom of speech/association

Other Dockets:

Northern District of Oklahoma 4:22-cv-00115

U.S. Court of Appeals for the Tenth Circuit 23-05080

Supreme Court of the United States 24-00801

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Government services

Record-keeping

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Transgender

LGBTQ+:

LGBTQ+

Transgender: IDs